Singa-Ship Mgmt Phil Inc vs NLRC : 120276 : July 24, 1997 : J. Puno ... http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/120276.htm SECOND DIVISION [G.R. No. 120276. July 24, 1997] SINGA SHIP MANAGEMENT PHILS., INC., petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and WINEFREDO Z. SUA, respondents. DECISION PUNO, J.: Petitioner Singa Ship Management Phils., Inc.seeks to annul or modify the decision of respondent National Labor Relations Commission in NLRC NCR CA No. 002446-91 ordering petitioner to pay respondent Winefredo Z. Sua U.S.$3,232.00 for the cost of his repatriation. Petitioner is the local manning agent of Singa Ship Management Pte., Ltd., a company based in Singapore. Private respondent was employed by petitioner as radio officer on board the vessel M/V Singa Wilstream from November 28, 1988 to September 1989 with a monthly salary of U.S.$850.00. On December 20, 1989, petitioner filed a complaint against private respondent before the Philippine Overseas Employment Agency (POEA) Adjudication Office for desertion, insubordination, and grave abuse of authority.[1] Petitioner alleged that on July 27, 1989, when the M/V Singa Wilstream was anchored in Los Angeles, California, private respondent and some members of the crew, went on shore leave. By the end of the day, the group missed the last boat and hired a service boat to take them to the ship. They arrived on the ship at 8:30 in the evening. The ship captain and master, Bryan Pereira, together with some officers were at the bridge. The captain reprimanded them for returning late[2] and admonished private respondent in particular, being the highest-ranking member in the group. Private respondent who was drunk shouted: "Fuck your ass, captain! I don't want to sail with you!" Bosun[3] Rodolfo Sarmiento, who was nearby, was ordered to take private respondent to his cabin. Private respondent, however, cried out: "Fuck you two, two of you!" and hurled invectives at the captain and the bosun. Eventually, the other crew members pacified private respondent and brought him down to his cabin. The bosun proceeded to the mess hall where five (5) crew members were watching television. He took a seat beside them. Out of nowhere, private respondent appeared and went to the bosun saying "Why you want to challenge me?" The bosun replied "Why, spark?"[4] Suddenly, private respondent grabbed an air pistol from his waist and with the pistol's handle struck the bosun hitting his nape and forehead. The bosun stood up but was prevented by the others from fighting back. The crew separated the two. The bosun's head bled profusely and had to be given first aid treatment. Later, at about 1:00 in the morning, Chief Officer Rakesh Nanda went down to inspect the bunker. He saw private respondent lowering his bag to the bunker barge. The chief officer tried to dissuade private respondent from leaving the ship. The latter refused saying: "Sorry, but I don't want to sail with the captain!" Private respondent boarded the barge and left the ship. The chief officer reported to the captain who informed the Coast Guard of private respondent's desertion. The ship was left without a radio officer and was not allowed to leave Los Angeles. The ship was placed on "off-hire" for two (2) days until a replacement arrived. Petitioner prayed for the imposition against private respondent of the appropriate sanctions under the POEA Standard Contract of Employment and for reimbursement of the following sums 1 of 5 1/24/2016 9:37 PM